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New York’s mandated paid family leave will be added to an employer’s existing disability benefits policy and funded by employee payroll contributions, according to the state. The 2018 payroll contribution is 0.126% of an employee’s weekly wage; employees making more than the state average weekly wage of $1,305.92 cannot contribute more.

“Most companies were working off an FMLA structure, particularly where it relates to maternity leave,” says Marc Mandelman, partner in the employment, labor and workforce management practice at law firm Epstein Becker Green. “Now there has to be a clear distinction between the pregnancy disability portion and child care portion.”

In 2018, employees can take up to eight weeks paid leave at 50% of their average weekly wage up to 50% of the New York State Average Weekly Wage. That increases to 12 weeks of paid leave in 2021 paid at 67% of the New York State Average Weekly Wage. In 2021, some employees may take up to 20 weeks of leave in combination with FMLA, Mandelman says. He notes that the generous paid time off will be routine for a large swath of eligible New Yorkers.

“Because it provides a significant amount of partial pay [between employer and state benefits] I think many more people will be taking advantage of family leave than they had before,” he says.